Appeal 2006-3059 Application 10/293,725 Appellants invented a mounting plate to which articles are secured by threaded fasteners, the mounting plate having improved impact load resistance properties (Specification [0001]). Claim 1, which is representative of the claimed invention, reads as follows: 1. Mounting apparatus for supportively mounting parts that includes: a mounting plate having a flat top surface and a bottom surface and at least one hole passing through said plate; a threaded fastener to be threadably received in said hole; an endless depression formed in said plate that surrounds said hole, said depression protruding upwardly from the top surface of the plate; and said depression having a size and a shape such that the magnitude of stresses resulting from impact loads about the at least one hole are reduced to a level below the yield strength of the plate wherein said plate is fabricated of sheet metal and the threaded fastener is a self tapping or thread forming screw that forms a thread in said hole upon entry therein. Appellants seek review of the Examiner’s rejection of claims 1-3, 6, and 7 under 35 U.S.C. § 102(b) as being anticipated by Hasan (US 5,908,278, issued June 1, 1999). Appellants also seek review of the Examiner’s objection to the drawings and Specification. The issue of compliance with 37 C.F.R. § 1.121(d) relates to a petitionable matter and not to an appealable matter. See Manual of Patent Examining Procedure (MPEP) §§ 1002, 1002.02(c), and 1201. Accordingly, we will not review the first issue raised by Appellants on page 2 of the Appeal Brief. 2Page: Previous 1 2 3 4 5 6 7 Next
Last modified: September 9, 2013